South Florida Injury Attorneys Blog
If victims have a pre-existing condition and are injured in an accident, it can complicate their personal injury claim. Pre-existing conditions can affect a victim’s eligibility for compensation and the amount they are awarded. It is important to understand the role of pre-existing conditions when filing a personal injury claim so that victims can make informed decisions and protect their rights.
In most cases, when a claimant starts the stressful task of seeking compensation, the first thing insurance companies will dig deep into is their health status. Doing this gives them a look closely at the victim’s pre-existing conditions. They may attempt to use these conditions as evidence to reduce or deny the claim.
The insurance company may argue that the injuries were caused by a pre-existing condition rather than the accident itself. In some cases, they may argue that the pre-existing condition worsened the injury. For the plaintiff to receive fair compensation for their injuries, it is important to have evidence to prove that their injury was directly related to the accident and not to a pre-existing condition.
Examples of Pre-Existing Conditions That Can Complicate a Claim
Pre-existing conditions can exacerbate injuries sustained in a personal injury accident, making it difficult to prove the extent of damages. Pre-existing conditions can include, but are not limited to:
- Joint or bone issues: If victims have a history of joint pain or bone fractures, it can be difficult to prove that any new injury was caused by the accident and not by their pre-existing condition.
- Back or neck problems: If victims have a history of back or neck pain, it may be difficult to prove that an accident caused a new injury.
- Headaches: Headaches such as migraines, cluster headaches, and tension headaches can complicate a personal injury claim if the headache was present before the injury occurred.
- Heart issues: If a plaintiff has a history of heart problems, it can be difficult to prove that a new injury was caused by the accident and not the pre-existing condition.
- Mental health: Mental health conditions such as anxiety, depression, PTSD, and other mental health issues can affect a personal injury claim if the condition existed before the injury occurred.
These are just a few of the many pre-existing conditions that can complicate a personal injury claim. It is important to remember that each situation is different, so it is important to discuss an individual’s case with an experienced personal injury attorney to determine the best course of action for the claim.
How Can Pre-Existing Conditions Affect a Personal Injury Claim?
Personal injury claims are complicated when pre-existing conditions are involved. This is because the defendant in the case could argue that the current injury resulted from a pre-existing condition, not their negligence or wrongdoing.
The defendant has two options when it comes to pre-existing conditions: they can argue that the pre-existing condition was the cause of the current injury or that the pre-existing condition contributed to or worsened the current injury. In either case, the victim will have a more difficult time proving that the defendant’s negligence or wrongdoing is solely to blame for their injury.
In most cases, insurance companies and defendants use pre-existing conditions to defend against personal injury claims. The defense will put forward that the victim had a pre-existing condition before the accident or incident; hence any pain or disability they are now experiencing is due to the pre-existing condition, not the negligence or wrongdoing of the defendant.
In some cases, negligent parties or insurance companies can refuse to pay the claim if they can prove that their pre-existing condition may have contributed to the plaintiff’s injuries. As such, it is important to understand how pre-existing conditions can affect an injury claim before filing a claim.
Claimants should also be aware that pre-existing conditions do not always prevent them from receiving compensation for their injuries. Even if they have a pre-existing condition, they may still be eligible for compensation if they can prove that the defendant’s negligence or wrongdoing caused their current injury.
It is, therefore, important to seek legal advice if claimants think they may have a valid personal injury claim. An experienced personal injury lawyer will be able to advise them on how best to proceed with their claim and how to address any issues related to pre-existing conditions.
What Can Personal Injury Victims That Have a Pre-Existing Condition and Are Injured Do
The first step for a personal injury victim with a pre-existing condition to take before filing a claim is to seek legal help. A personal injury lawyer will help them navigate their case’s complexities and ensure they get the compensation they deserve. Here are some steps to take if claimants have a pre-existing condition and are injured:
- Document everything – Personal injury victims should keep records of all relevant information regarding their pre-existing condition and injury. These documents include but are not limited to doctor’s visits, medical bills, and other evidence of the injury.
- Contact an experienced personal injury lawyer – Claimants with pre-existing conditions must look for a lawyer with experience handling cases involving pre-existing conditions. The lawyers will know the best strategies to pursue and can provide an accurate assessment of the case.
- Keep detailed notes: One of the most important things to remember is how pre-existing conditions have impacted a victim’s injury and recovery. All victims should keep well-detailed notes on all doctor’s visits and treatments, any changes in their symptoms, and any conversations with insurance adjusters.
- Be honest about pre-existing conditions: Insurance companies often look for ways to deny or reduce claims for people with pre-existing conditions. If victims are honest about their condition, it can help their lawyers make a stronger case for them.
By taking these steps, victims can ensure they get the compensation they deserve, even if they have a pre-existing condition. An experienced personal injury lawyer can help guide victims through this process and ensure that insurance companies treat them fairly.
Reach Out to a Frankl Kominsky Injury Lawyers, Port St. Lucie Personal Injury Lawyer
When it comes to personal injury claims involving pre-existing conditions, the expertise of an experienced lawyer can be essential. Pre-existing conditions can complicate an individual’s personal injury claim, making it more difficult for victims to receive the compensation they deserve.
Frankl Kominsky Injury Lawyers – Port St. Lucie personal injury lawyers understand the complexities of personal injury cases involving pre-existing conditions and have a proven track record of success in such cases. A pre-existing condition can make filing a claim more challenging, but their experienced legal team is prepared to handle even the most complex cases.
These attorneys will work with plaintiffs to build a strong case and ensure they receive full and fair compensation for their losses. They will analyze the facts of the case, applicable research laws, and legal precedents and provide strategic advice so they can pursue the most favorable outcome possible. They also have extensive experience dealing with insurance companies and know how to navigate the claims process to maximize their chances of success.
If a claimant has been injured and they have a pre-existing condition, they should contact Frankl Kominsky Injury Lawyers for a Port St. Lucie personal injury attorney today to discuss their legal options. This team of dedicated personal injury lawyers is here to protect victims’ rights and fight for the compensation they deserve. Victims can reach out to them at (561) 800-8000.